159 



Now, I would just very quickly like to go through some of the 

 main points which were made by the administrative law judge, 

 which I think are very wise. 



His decision on the quotas was extremely bad and was based, un- 

 fortunately, on Dr. Fox's recommendations, which do not jibe with 

 those of other scientists. 



And I would comment also — T think it was Congressman Oberstar 

 that wondered about how many million dolphins had been killed. 

 That does appear in the administrative law judge's decision : 



Between 1959 and 1975, there were between 3,271,000 — that is the 

 lower end — or up to 3,938,000. That is for the spotted dolphin. 



For the same period, the estimated total for the eastern spinner 

 dolphin was between 1,501,000, and 1,848,000. The total mortality 

 for the whitebelly spinner was approximately 179,000. So the total 

 mortality including this year is between 5 million and 6 million. 



The judge states: 



It is found that the use of flood lights during these types of sets will reduce 

 mortality greatly. Therefore, as a start and at the very least it is concluded 

 and recommended that the regulations should require that all vessels be 

 equipped with adequate floodlights and that they be required to be used if the 

 backdown procedures occur in darkness. 



It is also found that the use of rescuers on speedboats and/or rafts during 

 sundowners lessen porpoise mortality. It is concluded and recommended that 

 the regulations should require these procedures where the backdown occurs 

 in darkness. 



The judge, further recommended: 



* * * Mandatory use of face plates * * * and use of rubber rafts and two 

 speed boats on all classes of vessels. 



The Judge notes: 



In a random survey of some 29 cruisers since May. 1976, it was indicated 

 that 35 to 40 percent of the mortality was caused by three vessels. Take this 

 chilling: thought. In another instance, one tuna boat accounted for 15 percent 

 of total porpoise mortality * * * such carnage must cease. 



Now, we heard about the dedicated vessel being such a very big, 

 you know, sacrifice. However, the judge notes: 



* * * the cost of the dedicated vessel is correlated to the amount of yellow- 

 fin it catches. The greater amount caught, the less the cost, to a point where its 

 costs of operation may be nominal. 



Commenting on the NMFS proposal on suspension or revocation 

 of skippers' certificates, the judge wrote : 



This is weak as water. There should be a more expeditious and certain pro- 

 cedure to deracinate those shown to be incompetent from fishing on porpoise. 

 The spirit of the act demands nothing less. 



And certainlv that is absolutely right. 

 Then he said that: 



* * * a certifinate holder who fails to comply with the provisions of the 

 permit and applica^e regulations subjects itself to revocation of the certifi- 

 cate and /or the right to be included under a general permit and to the penal- 

 ties provided in the act. 



Then there is a considerable amount of material about the fact that 

 the biggest and newest tuna boats are the worst offenders. The 

 smaller, older ones just do not seem to kill as many dolphins. So it 



